MN election: House District 40B race headed to special election

ROSEVILLE, Minn. (FOX 9) - The Minnesota House District 40B race is headed to a special election after a residency challenge was successful. 

Johnson won't appeal court's residency decision

What we know: Democrat Curtis Johnson said he will not appeal the court decision that granted Republican Paul Wikstrom's election contest of his victory in the race. Johnson won this year’s election by more than 30 points and 40B has been a safe DFL seat. 

As a result, there will be a special election to fill the House District 40B seat, which covers Roseville and Shoreview. 

Why you should care: Johnson's decision not to appeal the court's decision breaks the 67-67 tie in the Minnesota House. The GOP has a 67-66 majority until the special election is certified. 

Johnson's statement

What they're saying: Johnson sent a letter to Gov. Tim Walz on Friday, in which he shared that he will "not accept my seat in the Minnesota House of Representatives" and will "resign from the Office of State Representative effective immediately and irrevocably."

"While I disagree with the conclusions reached by the District Court, I recognize that whatever the decision on appeal, the ultimate decision belongs to the Legislature, where it appears there is no viable pathway for me being allowed to retain my seat. Rather than dragging this out further, I have decided to resign now, so that a special election can be held as soon as possible and the people of 40B will be represented in the Legislature," the letter said.

Rep. Demuth's statement

Minnesota House Speaker-designate Lisa Demuth, a Republican, released the following statement: 

"I am pleased that Mr. Johnson has accepted the court’s clear decision that there should be a special election to ensure that residents of 40B are represented by someone from their own district. This confirms that Republicans will have an organizational majority on day one, and we look forward to ensuring that a valid candidate represents District 40B in the upcoming legislative session."

Rep. Hortman's statement

Minnesota House Speaker Melissa Hortman, a Democrat, released the following statement:

"Minnesotans delivered a 67-67 tie, expecting all of us to work together. This special election in a safe blue seat does not change that fact. A prompt special election will allow the voters of District 40B to ensure that they will be represented in the Minnesota House for the bulk of the session. We expect the district will again vote to elect a Democrat by overwhelming margins. 

"This session provides a historic opportunity for the Minnesota House to govern on a bipartisan basis. House Democrats are ready to get to work with our Republican colleagues. There is no time to waste on partisanship as we head into session. Neither party has enough votes to pass a bill on its own, so we will need to work together.

"Democrats are focused on the work ahead — we’ll be working to make life more affordable for Minnesotans by further lowering the cost of prescription drugs, child care, and housing and working to improve our quality of life by investing in education, infrastructure, and public safety. I hope our Republican colleagues will join us in that work."

What happened?

The backstory: Wikstrom argued that Johnson’s primary residence isn’t in the district, and according to state statute, that is a violation of election residency requirements. The Minnesota law says that at the time of the general election, a candidate must have lived in the state for one year and lived in the district for six months. 

The lawsuit said that in March, Johnson signed an apartment lease at Rosedale Estates in Roseville, then registered in May to be in the state primary. While campaigning, Wikstrom encountered a former Roseville city council member who made him aware that his opponent recently leased a studio apartment in the district. In August, Wikstrom’s campaign team then started monitoring when Johnson was coming and going from his Little Canada home to his Roseville apartment. 

The lawsuit said Johnson’s vehicles were in Little Canada in the morning and evening, and he did not appear to be at the Roseville apartment at all. Entered in as evidence are detailed time logs, videos, and more to prove to the judge that Johnson does not live in the apartment.